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1. BORA Te Tau Ihu Claims Settlement Bill [pdf, 297 KB]

   ...other judicial bodies from considering the settlement and historical claims, other than in respect of the interpretation and implementation of the deed of settlement, the Act or redress provided under the deed or Act. The Bill also removes associated protections under the State-Owned Enterprises Act and elsewhere. 13. The removal of recourse to the courts and otherwise raises three related questions under the Bill of Rights Act: 13.1 These provisions limit the available protection for...

2. [2022] NZIACDT 12 - LS v Murthy (27 May 2022) [pdf, 98 KB]

   ...submissions to the Tribunal prior to the issue of the liability decision. Following that decision, the complainant sent an email on 28 April 2022 stating that if Ms Murthy had guided him properly, he would now be a resident. This was affecting his career. In a further email on 19 May 2022, the complainant said he wanted a refund of the fees paid as he was struggling financially. He provided evidence of having paid her $4,350. Submissions from Ms Murthy [14] Ms Mortimer-Wang...

3. Justice Matters July 2019 [pdf, 3.5 MB]

   ...Evidence Act, so the safety of victims and their families will be the primary consideration when deciding whether to grant bail, and on what conditions; and Police and courts will be empowered to impose any conditions they deem necessary for the protection of the victim and their family. And it is now easier for Police to use video evidence on behalf of the victims. The pilot of this has already seen an increase in early guilty pleas. Phase two of the legislation comes into effect on 1...

4. Justice Matters - issue 15 - July 2019 [pdf, 3.5 MB]

   ...Evidence Act, so the safety of victims and their families will be the primary consideration when deciding whether to grant bail, and on what conditions; and Police and courts will be empowered to impose any conditions they deem necessary for the protection of the victim and their family. And it is now easier for Police to use video evidence on behalf of the victims. The pilot of this has already seen an increase in early guilty pleas. Phase two of the legislation comes into effect on 1...

5. MC v BL [2013] NZIACDT 8 (28 February 2013) [pdf, 134 KB]

   ...carry out the lawful informed instructions of clients. [30.3] Passports and personal documents are to be returned to clients on request, and without delay. [30.4] That a licensed immigration adviser must discharge professional engagements with due care, diligence and respect. That requires them to ensure their professional service delivery meets proper standards. [31] Clause 2.1(f) requires licensed immigration advisers to uphold the integrity of New Zealand’s immigration system an...

6. Greaterex v Preston [pdf, 41 KB]

   ...the evidence of Mr Rob Preston, Mr Simon Paykel and the assessor, I am satisfied that Mr Tim Preston was the builder of the dwelling house and responsible in large measure for the significant defects in construction. Mr Tim Preston’s duty of care as a builder was to ensure that proper skill and care was taken in the construction of the house. There is ample evidence to conclude (including exhibits 28, 30, 31, 35 and 37) that Mr Tim Preston breached that duty of care and that t...

7. Laboyrie v The Real Estate Agents Authority (CAC 403) and Prout [2018] NZREADT 36 [pdf, 557 KB]

   ...concluded: 3.22. In respect to s73(a) (disgraceful conduct) we note that the High Court has already made a number of findings in relation to the level of the Licensees culpability in this matter. In light of the Court's finding that the conduct was careless but not reckless the Committee has reached the conclusion that the high threshold to prove misconduct has not been reached. … 3.24. Finally in respect of s73(c) (consists wilful or reckless...) we are again constrained b...

8. Brown v Brown - Tuhuna 12A1 (2025) 292 Taitokerau MB 147 (292 TTK 147) [pdf, 250 KB]

   ...Ms Hinemoa Toki, a half-sister to Mr Clarence Brown and a full sister to Pompey Brown, had been permitted by Clarence Brown and Barbara Brown to occupy the house following the hearings in 2010. [16] In or around 2021, Hinemoa required medical care which necessitated her being relocated from the property into a residential care facility. At that point in time, Pompey Brown junior was permitted by the trustees, Clarence Brown and Barbara Brown, to occupy the property on a limited b...

9. [2025] NZIACT 42 – CE v Asici (14 August 2025) [pdf, 127 KB]

   ...and [112]. 8 [35] In his submissions to the Authority, Ms Asici’s former solicitor relies on her email to the complainant on 5 September 2022. In that email, she sent the agency’s services agreement and asked him to “print off, read carefully, and ask any questions”, then to sign and return it. It is pointed out Ms Asici made herself personally available to answer his questions, but he did not take up this opportunity. [36] The provision to a client in a written comm...

10. BORA Ngati Porou Claims Settlement Bill [pdf, 282 KB]

    ...Waitangi Tribunal over the historical claims and the settlement. This raises an issue about compliance with s 27(2) of the New Zealand Bill of Rights Act 1990. 5. That subsection provides: “Every person whose rights, obligations or interests protected or recognised by law have been affected by a determination of any tribunal or other public authority has the right to apply, in accordance with law, for judicial review of that determination.” 6. Legislative determination of a claim...